Ryan Coleman and Laetitia Coleman, Appellants v. City of Mesa, a Municipal Corporation; Mesa City Council, a Body…

Summary

The Arizona Supreme Court held that tattooing is constitutionally protected expression: the tattoo itself, the process of tattooing, and the business of tattooing are pure speech entitled to full First Amendment protection and to protection under Article 2, Section 6 of the Arizona Constitution. Applying notice-pleading standards, the court held the Colemans' allegations that Mesa's discretionary Council Use Permit process lacked adequate standards and was discriminatorily applied stated free speech, equal protection, and due process claims that survived Rule 12(b)(6) dismissal. The court clarified that Rule 12(b)(6) dismissals are reviewed de novo and that content-neutral burdens on speech receive intermediate scrutiny, not strict scrutiny, whether framed under the First Amendment or the Equal Protection and Due Process Clauses. It vacated the court of appeals opinion, reversed the superior court's dismissal, and remanded.